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PART-V
Draft Chapter V I A to be inserted in the Unlawful Activities
(Prevention) Act, 1967.

Deployment of the Armed-Forces of the Union.

Section 4 0 A - (1) (a): If the State Government, is of the

opinion that on account of the terrorist acts or otherwise, a
situation has arisen where public order cannot be maintained in
the State • or in any part of the State , as the
case may be, except with the aid of army, navy, air-force or any
other force subject to the control of the Union, it may request the
Central Government to deploy such forces for such a period ( not
exceeding 6 months) as it may specify.
(b) It shall however be open to the State Govt. to review the
situation at the end of the period as specified and request the
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such period (not exceeding 3 months) as it may deem necessary.

Such review, and the request if any following the review, can
take place from time to time. Every such request shall be placed
on the table of the Legislative Assembly of that State and if
there are two Houses, then on the table of both Houses.

(2): Where a request from a State Government

is received under sub-section
(1), the Central Government may deploy such forces under its
control or such other armed forces of the Union, including army,
navy, air-force, or such other force, as are, in its opinion,
necessary for restoration of public order in the State or part of
the State, as the case may be. While deploying the forces under
this sub-section, the Central Govt. shall, by a notification
 83

published in the Gazette, specify the State or the part of the

state, in which the forces deployed shall operate and the period
for which they are deployed. On the basis of the request of the
State Govt, the period of deployment and area of deployment
can be extended or varied, as the case may be.
(3): If the Central Government, is of the opinion that on
Of Olt.t-r.'^W'
account of terrorist acts^ a situation has arisen in a State or a
Union Territory or in a part of a-State, as the case may be, where
deployment of a force under its control or any other armed-
forces of the Union, including army, navy or air-force have
become necessary to quell internal disturbance, it may do so
notwithstanding that no request for such force is received from
the State Government concerned. While deploying the forces
under sub-sections (2) or (3), the Central Govt. shall by a
notification published in the Gazette, specify the State or the part
of the state in which the forces are to operate and the period of
deployment (not exceeding six months). At the end of the period
so specified, the central Govt. shall review the situation in
consultation with the State Govt. and may extend the period of
deployment, if found necessary, provided however, that such
extension shall not be for more than six months at a time. It shall
also be competent for the Central Govt. to vary the area of
deployment where the earlier notification is for a part of the
State. Every notification extending the period of deployment or
the area of deployment, shall be laid on the table of both Houses
of Parliament, within one month of publication of such
notification.

(4): The force deployed under sub-section (2) or sub-section

(3), shall act in aid of civil power and shall, to the extent feasible
 84

and practicable, coordinate their operations with the operations

of the Security Forces of the State Government. However, the
manner in which such forces shall conduct their operations shall
be within the discretion and judgement of such forces;

(5) (a): The force deployed under sub-section (2) or under sub-
section (3) shall take such steps and undertake such operations
as are deemed necessary for the purpose of restoring public
order or to quell internal disturbance.
(b): In the course of undertaking operations mentioned in
(a) above, any officer not below the rank of a non-commissioned
officer, may, if it is necessary, in his judgement, for an effective
conduct of operations,
,j,use force or fire upon, after giving due warning, an
individual or a group of individuals unlawfully carrying or in
possession of or is reasonably suspected of being in unlawful
possession of any of the articles mentioned in Section 15 of this
Act,
(\\ enter and search, without warrant, any premises in order to
arrest and detain any person who has committed a terrorist act
or against whom a reasonable suspicion exists that he is likely to
commit a terrorist act,
(iit) enter, search and seize, without warrant, any premises, and
destroy, if necessary, the firearms or any of the articles
mentioned in Section 15 from any premises/ vehicle, vessel or
other means of transport and for that purpose to stop the
vehicle, vessel or other means of transport, provided that where
such premises happens to be in an inhabited area, the entry,
search, seizure or destruction shall be effected in the presence of
the elders of the locality or the head of the household, and in
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his/her absence, any two independent witnesses, as the case

may be.
(5) (c): While acting under clauses (a) and (b) of this sub-
section, the forces deployed under sub-section (2) or sub-section
(3) shall act in accordance with the directions contained in
Appendix-A to this Act.
Section 40 B: (1) If the forces deployed under sub-section (2)
or sub-section (3) of Section 40A arrest any person, under the
preceding section, they shall forthwith hand over such person to
the officer in charge of the nearest police station. In case, a
police officer of the rank not below the rank of Sub Inspector is
available on the spot, the person so arrested shall be handed
over forthwith to such police officer. It shall be the duty of such
police officer to hand over such person to the officer in charge of
the nearest police station;
(2) While handing over the person arrested to the police
station or to the police officer of the rank specified in sub-section
(1) present on the spot, the member of the forces, shall prepare
a memo setting out the circumstances in which such person was
arrested. Such memo shall be deemed to be proof of the
circumstances stated therein, and it shall not be necessary to call
such member of the forces to prove his report, unless the court,
for the reasons to be recorded, decides to call him;
(3) The officer in charge of the police station shall, as soon as a
person is handed over under sub-section (1) to him, make
appropriate entries in the relevant registers and shall also
incorporate the contents of the memo referred to in sub-section
(2) in such registers;
(4) If any property is recovered by the forces deployed under
sub section (2) or sub-section (3) of Section 40A in the course of
 86

their operations, the same shall also be dealt with in the manner
specified in sub-sections (1) and (2) of this section.

Section 40-C ( 1 ) The Central Government shall constitute a

Grievances Cell in each district of a State where the forces are
deployed. The grievances cell shall consist of three members
namely:

(a) Sub-Divisional Magistrate, who shall be the Chairman,

(b) A representative of the forces operating in that district,
of the rank of Captain or an equivalent rank.
(c) An officer of the State police not below the rank of Deputy
Supdt. of police or officer holding an equivalent rank;
(2) The Grievances Cell shall be an independent body and shall
be competent to inquire into complaints of violations of rights of
citizens including unlawful arrest or detention, as the case may
be. On receipt of any such complaint, the cell shall promptly
obtain relevant information from the Commander of the unit or
the local headquarters of the Unit operating in the State and the
appropriate State Police authorities, complained against. The
Commander of the unit or the force or the Police authority, as the
case may be, shall furnish the relevant information to the cell
forthwith, which information shall be promptly communicated to
the complainant. Such information to the complainant shall be
furnished within 24 hours of the receipt of the complaint. In case
the complainant is not satisfied with the correctness of the
information furnished and is prepared to file an affidavit in
support of his allegation, it shall be competent to the cell to call
upon the Commander of the force at the State level or the head
of the State Police Department, to make appropriate enquiries
and furnish information to the cell within a period not exceeding
 87

one week, which information shall be promptly communicated to

the complainant.

(4) The Grievances Cell shall be. provided with dedicated

communications and shall also have the necessary infrastructure
for its efficient functioning. The office of the Grievances Cell shall
be located in the premises of the Sub-Division Magistrate or the
District Magistrate/Deputy Collector, as the case may be;

Section 4 0 - D ( l ) : In this chapter, the expression "force" and

"forces" shall mean the armed-forces of the Union or any other
force subject to the control of the Union or any contingent or Unit
thereof.

(2) In this chapter, wherever necessary, as referring to

"Union Territory" and similarly the expression " State Govt." shall
be construed, wherever necessary, as referring to the
Administrator or Union Territory.

Section 40-E: The Armed Forces (Special Powers) Act, 1958 is

repealed herewith.
 APPENDIX-A

fSection 40 Af5^ bl

The forces operating under this Act shall observe and abide
by the following directives in the course of their operations under
the Act:
1. Before conducting any search or raid, definite information
about the premises to be searched or raided may be obtained
from the local civil authorities.
2. During any search or raid, the representatives of the local
civil administration shall be co-opted as far as possible.
3. It must be ensured that the innocent people are not
harassed nor the property of the public is destroyed. A dwelling
house not connected with any unlawful activities should not be
entered into.
4. Women should not be physically searched or touched in any
manner or arrested without the presence of the Women police.
Only Women police should search women.
5. After arresting a person, a memo should be prepared
containing the circumstances which occasioned the arrest which
immediately should be handed over to the police station or the
police officer on the spot, if any, along with the arrested person.
6. After conducting a search or a raid, a list of all arms,
ammunition or other incriminating material /documents should be
prepared which should be handed over to the police under a
receipt.
7. A record must be kept of the area where operation is
conducted showing the date and time and the persons
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participating in search operation. The record should also contain

the names of the Commander and other officers/JCOs/NCOs
forming part of such group.
8. If any person is injured during the course of operation, it
must be ensured that the injured person is given medical relief as
early as possible.
9. If any person dies during the course of these operations, his
dead body should be handed over immediately to the police
alongwith the details leading to such death.
10. Once a person is arrested, no force should be used against
him except when he is trying to escape. No third degree methods
should be employed to extract information or to extract
confession or to obtain any other information regarding unlawful
activities.
11. Persons arrested by the force shall not be interrogated by
the members of the forces.
12. Once a person arrested is handed over to the police, the
forces shall not take him back.
13. While conducting operations, the forces shall be in the
closest possible communication with the civil authorities through
out, whether by telephone, radio or other means of
communications.
14. If a Magistrate is present during the course of any
operation, his permission should be obtained before conducting
the operation. The forces shall ensure that as little force is used
as possible and as little injury is caused to the person and
property, consistent with the attainment of objective in view.
15. In case the force decides to open fire, give warning in local
language that the effective fire will be used. Further attention
shouid be drawn before firing by bugle or other means.
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16. The Commanders of the units shall issue personal orders

before opening fire.
17. While opening fire, aim low and shoot for effect. The fire
must be stopped immediately once the objective has been
attained.
18. After the firing is over, immediate steps should be taken to
secure the possible and necessary medical help, for the injured, if
any.
19. In no circumstances, excessive force should be used nor
shall any one, in particular women and children, be ill-treated.
20. There should be no harassment or torture of the civilians.
21. No member of the force shall accept presents, donations or
rewards.
21. The forces shall not indulge in indiscriminate firing.
23. The provisions of Cr.P.C. governing search and seizure have
to be followed during the course of search and seizure conducted
in exercise of the powers conferred under Section 4(d) of the
Central Act.
24. If on enquiry, it is found that the allegations are correct,
the victim should be suitably compensated and the necessary
sanction for institution of prosecution and/or a suit or other
proceeding should be granted under S.6 of the Central Act.